VIDYUT KUMAR VERMA Vs. MANJU KUMARI

JUDGEMENT

(1.) The opposite parties have challenged the impugned judgment and Decree dated 16.07.2004 passed by learned District Judge, Katihar, Sri Birendra Singh in Matrimonial Case No. 50 of 2001 whereby the application filed by the Respondent, Manju Kumari under Section 12(1)(C) of the Hindu Marriage Act has been allowed.

(2.) The wife Manju Kumari who is Respondent in this Appeal filed the application under Section 12(1)(C) of the Hindu Marriage Act, 1955 for nullifying the marriage with the Appellant No. 1, Vidyut Kumar Verma, which was numbered as Matrimonial Case No. 50 of 2001. According to this application, the consent of the wife-Petitioner for marriage was obtained by the Appellants by playing fraud as it was disclosed that Vidyut Kumar Verma is a computer engineer and aged about 25 years. The marriage was solemnized in July, 2000. The wife went to sasural on 09.07.2000 and returned back on 11.07.2000. Thereafter, her husband never came to take her. Subsequently it was learnt that Vidyut Kumar Verma is not a computer engineer rather he has failed thrice in I.S.c,. and has left reading and is aged about 19 years. The wife-Petitioner on this ground alleged that her consent was obtained by playing fraud. The Petitioner-wife is aged about 32 years and is employed and the marriage was performed because of concealment of the facts of age and qualification of husband.

(3.) The opposite party-Appellant appeared and filed reply to the said application alleging that at the time of marriage, he was aged about 21-22 years and was doing computer diploma classes at Patna and he was still student. This fact was disclosed and the wife, the Petitioner and her father knowing all the full facts performed the marriage. After marriage, there was good relationship between them and co-habitation also continued. The dispute started when the husband objected to taking major portion of salary of Manju Kumari by her father. This objection furicated the Petitioner and her father as a result of which they filed this application under Section 12(1)(C) of the Hindu Marriage Act.